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Coroners and Justice Bill

Proceeding contribution from Lord Garnier (Conservative) in the House of Commons on Tuesday, 24 March 2009. It occurred during Debate on bills on Coroners and Justice Bill.
I will be brief, because we are really up against the knives. I fully endorse what the hon. Member for Cambridge (David Howarth) said about the restricted timetable. I would repeat what I said yesterday, when we had an even more egregious example of ridiculous timetabling, with the result that seven and a half separate subject areas were denied debate. This group of amendments is divided into two parts, the first of which relates to the need for special advocates. The hon. Gentleman and I advanced that in Committee. My right hon. and learned Friend the Member for Sleaford and North Hykeham (Mr. Hogg) has tabled amendments that reflect not only what we discussed in Committee but what was discussed last July during the passage of the Criminal Evidence (Witness Anonymity) Act 2008. When we debated these provisions under the emergency legislation last summer, the Government promised that they would much more closely examine the process and procedure for the appointment of special advocates or counsel in cases of this type. There have now been several cases that have gone to the Crown court and, to a lesser extent, to the magistrates court, in which applications for witness anonymity orders have been sought. Of that number, many have been granted, while some have not. However, if I remember correctly our deliberations in Committee, the Government were unable to tell us in how many cases the courts, using their own inherent powers, granted leave for a special advocate to appear on behalf of the court itself or to assist one or other of the parties. That is an important omission, and the last few minutes of debate on Report are inadequate to deal with the matter. If the hon. Member for Cambridge or my right hon. and learned Friend the Member for Sleaford and North Hykeham are inclined to press their amendments to a Division, we will support them.
Type
Proceeding contribution
Reference
490 c253-4 
Session
2008-09
Chamber / Committee
House of Commons chamber
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